Conventional Mediation

[14/10/2026]

As part of the Mediation Week, the experts at Germain Maureau present a series of five episodes exploring the various aspects of industrial property mediation.

Let’s go back a few months.

  • In our patent case, the SME discovers that its new partner is infringing its rights
  • In our trademark report, companies identify a risk of conflict arising from the diversification of their long-established trademark portfolios

At this stage, no case has been brought before any authority or court: positions have not yet been finalised and further discussions are still possible.

It is precisely in this context that conventional mediation can come into play.

The principle is simple: it is up to the parties to decide whether to use a mediator.

No prior intervention by the judge is required.

The parties are free to choose:

  • the mediator
  • the terms of trade
  • the timetable
  • the organisation of the process

This flexibility is one of the main advantages of conventional mediation.

Mediation provides a safe framework for dialogue between the parties, particularly with regard to confidentiality. This provides the parties with a reassuring framework in which they can calmly express their expectations, discuss their differing views and gain a better understanding of each other’s concerns, before the dispute escalates. Conventional mediation is therefore part of an approach based on foresight and accountability.

The parties can choose to take the initiative in the dialogue themselves.

➡️ But can we act even earlier, and anticipate any tensions that might arise?

That is precisely what project mediation is all about, and we’ll be looking at it in our next episode.

Would you like to find out more about the different types of mediation or work out which one would be best suited to your situation? Get in touch with the experts at Germain Maureau.

Don’t miss episode 4 of 5 tomorrow.